Fervy Terms of Use Effective Date: 2026-03-05

1) Eligibility (17+)

The Service is intended for users aged 17 and older. By using the Service, you represent that you are at least 17 years old and have the legal capacity to enter into these Terms.

2) Accounts

You may need an account to access certain features. When you create an account, you agree to:

• Provide accurate and up-to-date information (name, username, email)
• Keep your login credentials secure
• Notify us promptly of any unauthorized access

You are responsible for activity that occurs under your account.

3) The Service and Photo Analysis Feature

Fervy is a photography companion app that provides feedback on your photos. You may upload a photo and an optional text description, and the Service will generate analysis across dimensions such as lighting, exposure, and composition.

AI-assisted processing:

• The analysis may be generated using automated systems.
• Uploading content is optional and controlled by you.
• Content you upload for analysis is processed on our own servers, is not shared with any third party, and is deleted immediately after the analysis is generated.
• We do not perform face recognition or biometric identification, and we do not use your uploaded photos or text for marketing or training models.

4) Your Content

"Your Content" includes photos, text descriptions, and other materials you submit to the Service.

You retain ownership of Your Content. By submitting Your Content, you grant Fervy a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Your Content solely to operate and provide the Service to you (including generating the requested analysis). This license ends when Your Content is deleted in accordance with our data retention practices.

You represent and warrant that you own or have the necessary rights to submit Your Content.

5) Acceptable Use

You agree not to:

• Use the Service for unlawful, harmful, or abusive purposes
• Upload content that is illegal, infringing, or violates privacy rights
• Attempt to reverse engineer, interfere with, or disrupt the Service
• Bypass access controls or security measures
• Use the Service to develop or train competing products using unauthorized access

We may remove content, suspend, or terminate access if we reasonably believe you violated these Terms or if required to protect the Service, users, or third parties.

6) Privacy

Our handling of personal information is described in our Privacy Policy. You should review it to understand how we collect, use, and protect information.

7) Third-Party Services and Platforms

Your use of the Service may involve third-party platforms (e.g., Apple’s iOS, App Store). Those platforms may collect information independently under their own policies.

If you purchase subscriptions or other digital items through the App Store, Apple may process payment and billing information. We do not receive your full payment card details.

8) Intellectual Property

The Service, including its design, text, graphics, logos, and software, is owned by Fervy or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service unless permitted by law or by written authorization from Fervy.

9) Disclaimers

The Service and analysis results are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Photography analysis is informational and educational and may not be accurate or complete. You are responsible for how you use the analysis results.

10) Limitation of Liability

To the maximum extent permitted by law, Fervy and its team members will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to your use of the Service.

To the maximum extent permitted by law, Fervy’s total liability for any claim arising out of or related to the Service will not exceed the amount you paid to use the Service in the 12 months before the event giving rise to the claim (or USD $10 if you did not pay).

11) Indemnification

You agree to defend, indemnify, and hold harmless Fervy from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Service, (b) Your Content, or (c) your violation of these Terms or applicable law.

12) Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service if you violate these Terms, if we stop providing the Service, or if required for security or legal reasons.

Sections that by their nature should survive termination will survive, including: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.

13) Changes to These Terms

We may update these Terms from time to time. We will post updated Terms with a new effective date. Your continued use of the Service after the effective date means you accept the updated Terms to the extent permitted by law.

14) Governing Law and Dispute Resolution (Binding Arbitration)

Governing law: These Terms are governed by the laws of the jurisdiction of Fervy Team’s principal place of business, excluding its conflict of laws rules.

Binding arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration, rather than in court, except where prohibited by law. The arbitration will be conducted in English before a single arbitrator, under the arbitration rules of a recognized arbitration institution in the jurisdiction of our principal place of business. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

15) Contact Us

Fervy Team
Email: dangthanhnam728@outlook.com